Home Table of Contents

§ 5-619. Reliance of employers or agencies on criminal background investigations or criminal hi...

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 6. Immunities and Prohibited Actions--Health and Public Safety (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-619
§ 5-619. Reliance of employers or agencies on criminal background investigations or criminal history records check
Currentness
In general
(a) The following persons or agencies shall be immune from civil or criminal liability in connection with the conducting of a criminal background investigation under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check under Title 19, Subtitle 18 of the Health-General Article:
(1) An employer that in good faith relies on a criminal background investigation or criminal history records check to deny or terminate an individual's employment or participation in a facility;
(2) A State or local agency that in good faith relies on a criminal background investigation or criminal history records check of an employer to grant, deny, suspend, or revoke licensure, registration, approval, or certification of a facility;
(3) A local department of social services that in good faith relies on a criminal background investigation to make a decision concerning the placement of a child committed to it, including a decision to remove a child from a particular facility or home; and
(4) A State or local agency that in good faith participates in the making of a criminal background investigation or criminal history records check of an employee or employer.
Requirement of criminal background investigation or criminal history records check
(b) The failure of an employer to require a criminal background investigation of an individual when not required under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check when not required under Title 19, Subtitle 18 of the Health-General Article may not give rise to civil or criminal liability on the part of the employer for failure to conduct a criminal background investigation.

Credits

Added as Courts and Judicial Proceedings § 5-361 by Acts 1990, c. 546, § 3. Amended by Acts 1996, c. 572, § 1, eff. July 1, 1996. Renumbered as Courts and Judicial Proceedings § 5-619 by Acts 1997, c. 14, § 9, eff. April 8, 1997.
MD Code, Courts and Judicial Proceedings, § 5-619, MD CTS & JUD PRO § 5-619
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document